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ARNOLD v. VARNUM

No. 7713SC206.

237 S.E.2d 272 (1977)

34 N.C. App. 22

Myrtie ARNOLD, Harley Evans, J. D. Larson, W. E. Lesh, Sr., Joseph Monroe, and R. E. Sellers, Citizens and Tax Payers of Smithville Township, Brunswick County, Plaintiffs, v. Steve J. VARNUM, Willie E. Sloan, Frank Thomas, Ira D. Butler, and W. T. Russ, Jr., County Commissioners of Brunswick County, and Brunswick County, a political subdivision, Defendants, The City of Southport, a Municipal Corporation, Eugene B. Tomlinson, Jr., Mayor, and Mary McHose, James Harold Davis, Conley D. Koontz, W. P. Horne, Dorothy Gilbert, William Furpless, Alderman, the Board of Trustees of Smithville Township J. Arthur Dosher Memorial Hospital, Lorraine Bellamy, George Milligan, Harold Crain, Charlotte B. Wilson, Eugene Tomlinson, Jr., Kenneth Bellamy and Herbert Shaw, Trustees, and Mark P. Connaughton and wife, Margaret S. Connaughton, Jackie Herring, Otto K. Maehl, June Brown and Cora Davis, Residents, freeholders and taxpayers of Smithville Township, Intervenor, Defendants.

Court of Appeals of North Carolina.

September 7, 1977.

Attorney(s) appearing for the Case

Lee & Lee, by J. B. Lee, Whiteville, for plaintiffs-appellants.

Prevatte, Herring, Prevatte & Owens, by James R. Prevatte, Southport, for defendants-appellees.

Murchison, Fox & Newton, by Carter T. Lambeth and Michael R. Isenberg, Southport, for intervenors-appellees.

MORRIS, Judge.

Intervenors appeal from the denial of their motion that plaintiffs' appeal be dismissed.

The judgment entered by Judge McKinnon bears the date of 24 November 1976. The record indicates that it was filed 6 December 1976. Appeal entries of plaintiffs are dated 6 December 1976 and bear the filing date of 8 December 1976. On 9 December 1976, defendants and intervenors moved to dismiss the appeal. The motion recites, inter alia, the following...

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